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The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms
Mensdorffová, Jana ; Kindlová, Miluše (advisor) ; Uhl, Pavel (referee)
The Right to Resistance and Article 23 of the Charter of Fundamental Rights and Freedoms Abstract The aim of this diploma thesis is a thorough analysis of Article 23 of the Charter of Fundamental Rights and Freedoms (hereinafter referred to as the "Charter"), its issues, analysis of current sub-constitutional legislation and international comparison. Following on from the research project, the diploma thesis aims to find out to what extent the wording of Article 23 of the Charter corresponds to our historical experience, or whether Article 23 of the Charter is aimed at other situations (i.e. whether the wording of Article 23 of the Charter reflects our history in connection with by defining the right to protest in the Charter). The main methods chosen for writing the thesis were analysis, international comparison of foreign constitutions, and statistics. When writing the thesis, I drew on professional literature, professional articles, legal regulations, relevant jurisprudence and, last but not least, Internet sources that were the basis for the statistics of participants in the resistance against communism. The diploma thesis is divided into four main parts. The first part of the thesis is devoted to a historical excursion. For better understanding and context, various approaches to the right to resistance...
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